A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Texas, a living will is known as a Directive to Physicians and Family or Surrogates. It is a legal document that allows an individual to specify their wishes regarding medical treatment in the event they become incapacitated and are unable to communicate. This directive comes into play if the individual has a terminal or irreversible condition, as certified by a physician. Texas law requires the living will to be in writing, signed by the declarant, and either witnessed by two qualified individuals or notarized. The Texas Health and Safety Code, specifically chapters 166.031 through 166.052, governs the execution and effect of a Directive to Physicians and Family or Surrogates. Additionally, Texas recognizes Out-of-Hospital Do Not Resuscitate (DNR) orders, which instruct emergency medical personnel not to perform cardiopulmonary resuscitation (CPR) if the individual's heart stops or if they stop breathing. These documents are part of Texas's advance directives laws, which allow individuals to make decisions about their future health care in case they are no longer able to express their medical wishes.
